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Sendor, Benjamin – American School Board Journal, 1984
The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)
Descriptors: Civil Liberties, Court Litigation, Dissent, Federal Courts
Grosse, W. Jack; Melnick, Nicholas – American School Board Journal, 1985
Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Responsibility, Teacher Administrator Relationship
McCormick, Kathleen – American School Board Journal, 1985
The peer review system for evaluating schools (the "Toledo Plan") is gaining favor among teachers in other school systems. Schools are generally reluctant to dismiss incompetent teachers because of documentation complexities, but incompetent teachers should nevertheless be weeded out. (TE)
Descriptors: Administrator Responsibility, Due Process, Peer Evaluation, Personnel Policy
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Schools, Federal Courts
Hess, Frederick; Maranto, Robert A. – American School Board Journal, 1999
Tenure has lost public legitimacy. Of 30 states reforming civil-service systems or proposing reforms, Georgia has gone the farthest. Since 1996, new state government hires have been "at will" employees. Erosion of private-sector union strength may aid antitenure political leaders' efforts. A sidebar outlines states' actions. (10…
Descriptors: Due Process, Educational Change, Elementary Secondary Education, Finance Reform
Sendor, Benjamin – American School Board Journal, 1996
In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public…
Descriptors: Academic Freedom, Board of Education Policy, Court Litigation, Elementary Secondary Education
Stover, Del – American School Board Journal, 1990
Any restrictions on student dress must have a legitimate educational rationale. Standards of attire for school employees are also permissible. A dress-code policy that calls for reasonable restrictions and is enforced with common sense can create a better school environment. Restrictive measures can lead to costly lawsuits. Cites advantages of…
Descriptors: Board of Education Policy, Court Litigation, Discipline Policy, Dress Codes
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Marijuana
Sendor, Benjamin – American School Board Journal, 1984
A recent Fifth United States Circuit Court of Appeals decision stipulates that a school board may regulate "employe expression" only in rare circumstances--to prevent, for example, serious disruption of school activities--and only where the board has allowed for a timely review of the superintendent's decisions about distributing…
Descriptors: Board Administrator Relationship, Board of Education Policy, Board of Education Role, Censorship